Overview of alimony in Massachusetts
In Massachusetts, the purpose of alimony, money paid by one spouse to another during and after a divorce, is to assist the lower earning spouse in maintaining a reasonable standard of living after separation and divorce. When the other spouse is earning an income and has the ability to pay, the court can order alimony.
In March 2012, a new alimony law went into effect, which clarified and changed a few aspects of alimony in Massachusetts. Some of the changes include that:
- the court must consider the standard of living of both spouses when calculating alimony
- there are now general time limits for payment of alimony depending on the duration of the marriage
- the law established four categories or kinds of alimony, and
- the court may reduce or terminate alimony payments to a former spouse who begins living with a new partner.
How is alimony calculated in Massachusetts?
To determine the kind, amount, and duration of alimony, the court will consider a variety of factors, including:
- length of the marriage
- the marital lifestyle and the ability of both parties to maintain the marital lifestyle
- each spouse’s income, skills, and employment opportunities
- each spouse’s current liabilities and potential needs
- each spouse’s age and health, and
- each spouse’s economic and non-economic contributions to the family.
The actual amount of alimony the court orders is based on each spouse’s income or income ability. Alimony may be a monthly amount or a part of retirement or pension benefits. The amount is usually limited by the recipient spouse’s need or by a percentage of the paying spouse’s income.
Do I have to pay alimony if my ex-spouse remarries?
Usually, no. The recent changes to the alimony law in Massachusetts clarified that alimony terminates when the recipient spouse remarries. However, termination is not automatic unless it is stated in the judgment of divorce or in an agreement between the former spouses. Instead, when a recipient spouse remarries, the court will assume that alimony should be terminated. In the unusual case that the recipient spouse can show some “extraordinary circumstances” that necessitate alimony continuing, the court can order alimony to continue after remarriage. For example, if a remarried recipient spouse becomes a public charge, a judge may order the former spouse to continue making alimony payments. This is a rare exception. The fact that, without alimony, the remarried recipient spouse would not have the same lifestyle as prior to remarriage is not reason enough to continue alimony.
Once alimony is terminated due to remarriage, alimony cannot be reinstated if the new marriage ends, unless the spouses have agreed otherwise in writing.
Are there any other circumstances that support a modification?
A spouse paying alimony may also have the payments suspended, reduced, or terminated when the recipient spouse begins “cohabitating,” or living with, another person for at least three continuous months. This is often a difficult process because the paying spouse has to prove that the cohabitation is continuous and economically benefits the recipient spouse. Furthermore, alimony may be reinstated if the recipient spouse stops cohabitating.
How do I request a modification of alimony?
To change the amount of alimony paid or received, a spouse must file a “complaint for modification of alimony” with the court. To succeed, the petitioning spouse must show that there has been a material change of circumstances affecting either the recipient spouse’s need for support or the paying spouse’s ability to pay.
For example, if the recipient spouse remarries or the paying spouse becomes involuntarily unemployed, the court would likely grant a modification of alimony. The court may permanently, indefinitely, or temporarily modify the alimony payments as is appropriate under the circumstances.
Resources
For the text of the law governing termination and modification of alimony, see Mass. Gen. Laws ch. 208 §§ 34, 48-55.
